Selvitella v. City of South San Francisco, California et al
Filing
92
ORDER GRANTING DEFENDANTS' 59 MOTION FOR SUMMARY JUDGMENT ON PLAINTIFF'S § 1983 CLAIM. Signed by Judge Claudia Wilken on 5/25/2011. (ndr, COURT STAFF) (Filed on 5/25/2011)
1
IN THE UNITED STATES DISTRICT COURT
2
FOR THE NORTHERN DISTRICT OF CALIFORNIA
3
4
JAMES SELVITELLA,
5
6
7
8
9
United States District Court
For the Northern District of California
10
11
12
No. C 08-04388 CW
Plaintiff,
v.
CITY OF SOUTH SAN FRANCISCO, et
al.,
ORDER GRANTING
DEFENDANTS' MOTION
FOR SUMMARY
JUDGMENT ON
PLAINTIFF'S § 1983
CLAIM
(Docket No. 59)
Defendants and
Respondents.
________________________________/
Because the Ninth Circuit recently affirmed this Court's
denial of Plaintiff's petition for a writ of mandamus under
13
California Code of Procedure § 1094.5, the Court grants
14
15
16
Defendants' pending motion for summary judgment on Plaintiff's
remaining claim under 42 U.S.C. § 1983.
BACKGROUND
17
18
Docket No. 59.
Plaintiff and Petitioner James Selvitella sought a writ of
19
mandamus under § 1094.5, in an effort to override the decision by
20
the Personnel Board of the City of South San Francisco to
21
terminate his employment as Battalion Chief of the City's Fire
22
Department.
In addition to his petition for a writ of mandamus,
23
24
Plaintiff alleged a claim under § 1983.
Defendants and
25
Respondents City of South San Francisco, Personnel Board of the
26
City of South San Francisco, South San Francisco Fire Department,
27
Barry M. Nagel, Marty Van Duyn and Phillip White opposed the
28
1
petition and moved for summary judgment on Plaintiff's § 1983
2
claim.
3
deferred its ruling on Defendants' motion for summary judgment.
4
Accordingly, the Court instructed the clerk to enter a
5
Rule 54(b) judgment against Plaintiff on his § 1094.5 claim and,
6
The Court denied Plaintiff's petition for a writ and
after the clerk did so, Plaintiff pursued an appeal before the
7
Ninth Circuit.
On March 28, 2011, the Ninth Circuit issued a
8
9
judgment affirming this Court's denial of Plaintiff's petition for
United States District Court
For the Northern District of California
10
a writ of mandamus under § 1094.5, and on April 19, 2011, the
11
Ninth Circuit's judgment took effect, pursuant to Rule 41(a) of
12
the Federal Rules of Appellate Procedure.
13
Defendants' motion for summary judgment to resolve Plaintiff's
14
remaining claim under § 1983.
The Court now rules on
15
The Court's prior order, denying Plaintiff's petition for a
16
writ, also found that his claim under § 1983 could be barred by
17
18
collateral estoppel given the denial of the writ petition.
19
Court first made a threshold finding that the proceedings before
20
the Personnel Board satisfied the fairness requirements set forth
21
in Utah Construction & Minning Co., 384 U.S. 394 (1966).
22
11-12.
23
The
Order at
The Court then determined that two of the three
requirements for application of collateral estoppel under
24
California law were satisfied.
Id. at 12-13.
However, the Court
25
26
found that the third requirement--that the first proceeding ended
27
with a final judgment on the merits--was not fulfilled because its
28
decision on the § 1094.5 claim would not be a final judgment on
2
1
the merits until an appeal from the Court's judgment had been
2
exhausted or the time to appeal expired.
3
discovery and a full jury trial on the § 1983 claim without
4
waiting for a final judgment on the § 1094.5 claim risked
5
unnecessarily wasting the parties' and the Court's resources, the
6
Because proceeding to
Court held that entry of judgment, pursuant to Federal Rule of
7
Civil Procedure 54(b), solely on the § 1094.5 claim was warranted.
8
9
As noted earlier, after the clerk entered judgment on the § 1094.5
United States District Court
For the Northern District of California
10
claim, Plaintiff pursued an appeal that was ultimately
11
unsuccessful.
12
13
14
CONCLUSION
Given that Plaintiff exhausted his appeal and this Court's
judgment denying his § 1094.5 claim is now final, the third
15
requirement for application of collateral estoppel to the
16
remaining § 1983 claim has been satisfied.
Accordingly, the Court
17
18
GRANTS summary judgment on Plaintiff's § 1983 claim in favor of
19
Defendants.
20
Defendants on Plaintiff's § 1983 claim.
21
their own costs.
Docket No. 59.
The clerk shall enter judgment for
The parties shall bear
22
IT IS SO ORDERED.
23
24
Dated:
25
5/25/2011
CLAUDIA WILKEN
United States District Judge
26
27
28
3
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?